The final rule was release today, March 9, 2016, this document is unpublished on the Federal Register, but on 03/11/2016 it is scheduled to be published and available. Until then, you can see the pre-publication PDF version here: Final OPT STEM rule. The rule will go into effect in May. The highlight of the new… Continue reading Final Rule Increasing OPT For STEM Students Released
The Washington Alliance of Technology Workers (WashTech) continues its lawsuit in an attempt to end STEM OPT. On Feb. 4 WashTech sought review of the Aug. 12 order from U.S. District Judge Ellen Segal Huvelle, which vacated the 2008 rule extending the OPT period for foreign students with science- and math-related (STEM) degrees by 17… Continue reading Update on STEM OPT Extension Lawsuit
The U.S. Department of Homeland Security will have 90 additional days to revise the F-1 STEM OPT rule. The original rule, allowing for 17 months of additional OPT time if the student was in a STEM field, was order to be vacated as of February 12, 2016. U.S. District Judge Ellen Segal Huvelle granted DHS’s… Continue reading STEM OPT Rule Update
In response to a federal judge that struck down the existing STEM 17 month OPT extension policy as a violation of the APA, the DHS has released an unpublished version of the proposed rule to essentially reinstate the policy. We expect the proposed rule will be officially published on Monday October 19th and we will… Continue reading STEM OPT proposed rule released
Last week, a federal judge ruled that the 17 mo. STEM extension rule which went into effect in 2008 was issued in circumvention of federal law specifically, that it was issued without the proper notice and comment required under the Administrative Procedures Act. Many in the staffing community wonder where this judge and reasoning were… Continue reading 17 Month OPT STEM Extension Dead ?
The U.S. District Court for the District of Columbia recently determined that a union that represents technology workers has standing to sue the U.S. Department of Homeland Security on the basis that these workers were harmed by the U.S. Optional Practical Training (“OPT”) STEM extension program. In Washington Alliance of Technology Workers v. U.S. Department… Continue reading District Court Determines that Technology Union has Standing to Sue
As reported in this blog previously, President Obama’s administration recently expanded the number of STEM programs that make OPT available for 29 months. This expansion bypassed Congress and was issued without notice and comment or any other rulemaking procedure. Senator Grassley has called for an investigation into the STEM OPT program. He claims that the expanded program… Continue reading Senator Grassley Points to Flaws in the OPT STEM Program and Demands an Investigation !
Recently, the DHS updated and expanded the STEM list . Inclusion on the STEM list allows a 17 month extension of one’s OPT if you are employed by an eVerify employer.